Cimarron River Pipeline, LLC

Original Volume No. 1

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Effective Date: 09/01/2008, Docket: CP08-17-001, Status: Effective

Original Sheet No. 185 Original Sheet No. 185

 

GENERAL TERMS AND CONDITIONS

 

8. WARRANTY OF TITLE

 

(a) Shipper warrants for itself, its successors and assigns, that it

will have, at the time of delivery of gas to Transporter for transportation,

good title to the gas or the full right and authority to deliver the gas,

and that all gas delivered is free and clear of all liens, encumbrances and

claims whatsoever.

 

(b) Transporter warrants for itself, its successors and assigns, that

the gas it delivers hereunder to or for the account of Shipper at the

Delivery Point(s) shall be free and clear of all liens, encumbrances, and

claims whatsoever.

 

(c) Each party will defend, indemnify, and hold the other harmless

from and against all suits, actions, debts, accounts, damages, costs,

losses, and expenses (including court cost and reasonable attorneys' fees)

arising from or out of the indemnifying party's breach of the foregoing

warranty; including, but not limited to, adverse claims of any and all

persons to gas and to royalties, taxes, license fees, or charges that attach

or relate to the gas. If Shipper's title or right to deliver gas to

Transporter is questioned or involved in any action, Transporter may cease

to allow Shipper to continue to receive service for the quantity in dispute

under the affected TSA until Shipper's title or right to deliver this

quantity is free from question; provided that Transporter shall allow

Shipper to qualify for or continue receiving service under this FERC Gas

Tariff and the affected TSA if Shipper furnishes an irrevocable letter of

credit, surety bond, or other Security satisfactory to Transporter. Title

to the gas received by Transporter at the Receipt Point(s) and to be

redelivered at the Delivery Points shall not pass to Transporter.

 

 

9. UNIFORM RATES OF FLOW

 

All gas delivered to or by Transporter under its Rate Schedules shall be

delivered at rates as constant as operationally feasible throughout the Day.

Transporter shall not be obligated to deliver gas under any Rate Schedule in

excess of uniform hourly rates.

 

 

10. INSTALLATION OF FLOW CONTROL EQUIPMENT

 

Transporter may elect to construct, install, and operate flow control

equipment at any location on Transporter's facilities whenever it determines

in its reasonable judgment that such equipment will contribute to the safe,

reliable, efficient, and orderly operation of Transporter's facilities in a

manner consistent with its obligations to provide service under all of its

Rate Schedules.